Related News and Opinion

The following opinions were posted after IL deadline Thursday:7th Circuit Court of AppealsPatriotic Veterans Inc. v. State of Indiana, et al.
11-3265
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Reverses District Court’s decision that the federal Telephone Consumer Protection Act preempts Indiana Automated
Dialing Machine Statute. Because the District Court decided the case on the basis of preemption, it never had reason to address
the arguments regarding the constitutionality of the statute. Remands for an evaluation of whether Indiana’s statute
violates the free speech rights protected by the First Amendment to the United States Constitution.

Indiana Supreme CourtDanielle Kelly v. State of Indiana
30S01-1303-CR-220
Criminal. Reverses denial of Kelly’s motion to suppress evidence found in a search of her vehicle and inculpatory statements
she made to police. The warrantless seizure of Kelly’s person and the search of her vehicle violated her constitutional
rights.

Friday’s opinions
Indiana Supreme CourtHarold O. Fulp, Jr. v. Nancy A. Gilliland
41S01-1306-TR-426
Trust. Reverses denial of specific performance of the purchase agreement to Harold Fulp Jr. Under the terms of the trust
and the Trust Code, Ruth Fulp owed her children no fiduciary duties and was free to sell her farm at less than fair market
value; Harold Fulp Jr. is therefore entitled to specific performance. Concludes that Ruth Fulp did not effectively amend the
trust by selling the farm.

The Indiana Court of Appeals and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of
Appeals posted no Indiana decisions by IL deadline.